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Code Compliance ServicesDATE: TO: FROM: SUBJECT: MEETING DATE: 08/05/14 ITEM NO. I O COUNCIL AGENDA REPORT JULY 24, 2014 MAYOR AND TOWN COUNCIL GREG LARSON, TOWN MANAGER CODE COMPLIANCE SERVICES A. DISCUSS THE TOWN'S OVERALL APPROACH TO CODE COMPLIANCE SERVICES B. PROVIDE DIRECTION ON SPECIFIC SERVICE OPTIONS RECOMMENDATION: 1. Discuss the Town's overall approach to Code Compliance services. 2. Provide direction on specific service options. BACKGROUND: For the past two years, the Town Council has authorized the use of part time contractual Code Compliance staff since the elimination of the Town's full time Code Compliance position in early 2009. The FY 2014/15 Adopted Budget includes the restoration of the prior full time Code Compliance Officer and a new part time Community Service Officer to focus on nighttime noise and other issues to maintain the Town's high quality of life. During the Budget discussion, staff suggested specific topics to focus the work of the new Code Compliance Officer. The Council directed that this discussion occur early in the new fiscal year. In preparation for this discussion, staff from the Town Attorney, Police Chief, Information Technology, Community Development, and Economic Vitality have collaborated on the information presented in this report. DISCUSSION: Code Compliance services in the Town range from immediate health and safety items to zoning and other Town Code violations. The service is initiated upon receipt of a concern or "complaint" from a resident or business. The Code Compliance Officer investigates the concern PREPARED BY: LAUREL R. PREVETTI, LAKP Assistant Town Manager/Director of Community Development Reviewed by: N/A Assistant Town Manager own Attorney Finance \\1wna\dam\DEV\tc reports\2014 \Code Compliance Approach.doa Reformatted: 5/30/02 Revised: 725/14 8:15 AM PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: CODE COMPLIANCE July 24, 2014 and takes the appropriate action to resolve the issue. hi most cases, property owners address the concerns once they are brought to their attention and the Code case is closed. In more complex cases, the Code Officer works through a priority list of issues to resolve on the property. If an owner is not making progress to fix the violations, the Town can take a number of actions, including but not limited to: fines, order to show cause, revocation of permit(s), or court proceedings. In certain situations, the Town may take a multi- department approach to resolve the issues, involving not only Code Compliance but also the Police and Finance Departments and the Town Manager and/or Town Attorney Offices. As the Town recruits for the full time Code Compliance Officer and the part time Community Service Officer, the Council may wish to discuss its overall approach in the delivery of Code Compliance services as well as specific service options outlined below that could become part of the Code Compliance work plan. These items were identified during the budget process and staff has provided additional information for the Council's consideration. 1. Enhanced online code enforcement reporting with implementation of Town website re- design in June. On July 1, 2014, the Town launched its new website. It includes new functionality that enables residents and property owners to "Report a Concern." This online tool makes it easier to submit Code Compliance and other concerns. While this item has been completed, there will likely be improvements and modifications over time. 2. New code case tracking tools on Town website by December. As part of the July website launch, tracking tools for all issues submitted under "Report a Concern" can be tracked by the individual who submitted the item. This way, residents and property owners can monitor the progress of their items. Staff intends to respond to all concerns within three business days of submittal and provide updates on the case that can be accessed by the individual who submitted the item. This item has been completed; however, there will likely be improvements and modifications over time. 3. Noise monitors (calibrated decibel meters or smart phone apps) to be issued to Police Patrol, Park Service Officers, Building and Public Works Inspectors, with training for meter use and response to noise complaints. The Town currently owns two noise meters. One is used by Code Compliance and the other by the Police Department. The meters require annual calibration to ensure accurate readings. These meters are the most reliable approach to collect information that could be used for Code Compliance purposes because the meter accounts for ambient noise, wind, and other factors. iPhone applications (apps) may give the public or staff a general indication of noise levels, however, the information may not be as reliable for enforcement actions. PAGE MAYOR AND TOWN COUNCIL SUBJECT: CODE COMPLIANCE July 24, 2014 Additional noise meters may need to be purchased and calibrated annually if the Town Council would like to see additional field staff equipped to take noise readings. These costs are not currently budgeted; however, they are likely within the Town Manager's spending authority. In addition, the Town will need to develop appropriate protocols for the use of the meters and the use of the data. For example, if the noise exceeds the Town limits once, does that result in a Code Compliance citation? As discussed later in this Report, these protocols could be included in a Town of Los Gatos Code Compliance Policy and Procedures Manual. 4. Research and possibly pilot citizen provided noise data as documentation for code enforcement violations. The public has access to any number of free or low cost apps for their smart phones that measure noise. In consultation with the Town Attorney, noise information provided by a citizen could be included in a concern reported to the Town. By itself, citizen provided noise data would typically not be enough for an enforcement action; however, with the data, the Code Officer could then conduct a field investigation and, if possible, collect noise data using the calibrated noise meter. The Town welcomes any information (including video, photographs, or other documentation) that would assist Code Compliance. 5. Implement a pilot real -time exterior noise monitoring program with a Central Business District establishment. Town staff has begun to have discussions with a Downtown business owner who is interested in working with the Town to install noise monitors as a pilot program. These devices would be calibrated to provide noise readings at the business and at the property line. This would provide field data regarding noise that could be used to guide the work of the Community Service Officer. This service option could be included in the Code Compliance work plan without impacting responses to complaints, the resolution of immediate health and safety concerns, or other service options that the Council may wish to consider. 6. Proactive enforcement of existing Conditional Use Permits with particular emphasis on signage and seating limits after prior notice. hi the recent past, the Town Council has expressed specific interest in enforcement of signage and seating conditions for bars and restaurants. One option for Council consideration is proactive enforcement of these conditions Town -wide. The Town Council might prioritize geographic areas for proactive attention with an explanation of why one area should be evaluated before another. In preparation for the Council's discussion on Code Compliance, Economic Vitality staff sent letters (Attachment 1) to all restaurants and bars within the Town and included a copy of their respective Conditional Use Permit (C.U.P.) with specific attention to seating and PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: CODE COMPLIANCE July 24, 2014 signage. Businesses have been advised of the scheduled Council item and they may choose to provide input to Council. The letter indicated that staff is available to answer questions and assist the businesses as appropriate. The letter mentioned that a staff representative may visit some establishments for informational purposes in further preparation for the Town Council's discussion, and not for enforcement purposes. If Council selects this service option, staff will perform additional outreach to the businesses. As appropriate, this outreach will be coordinated with the Chamber of Commerce. This service option would be a significant work item for the Code Officer in terms of fieldwork and office time to document findings, work with business owners on compliance, and follow through on any violations. If this is added to the Code Compliance work plan, the program may not be able to include other service options identified below because some staff capacity should be reserved for immediate health and safety issues and responses to complaints. 7. Annual Conditional Use Permit compliance reviews for all C.U.P. holders. Another approach to address C.U.P. compliance would be to ask each business to "self - certify" compliance with its Conditional Use Permit. This could occur in coordination with the annual business license renewal or on a rotating basis over the course of the year. The Code Compliance Officer would then spot check a sample of businesses. If violations are found, appropriate enforcement would be implemented. Enforcement could include, but is not limited to, a modification to the Conditional Use Permit after a public hearing by the deciding body, fines, or permit revocation. Any fraudulent representations on the self - certification would also need to be addressed. This service option would provide capacity for other compliance activities. Self - certification is used frequently by regulatory agencies for environmental issues to focus the use of limited funding and staff resources. 8. Coordinate with State Alcoholic Beverage Control (ABC) regarding enforcement of alcohol service in violation of State and local laws. Police Officers, Sheriffs Deputies, and ABC investigators are all sworn law enforcement officers (peace officers) with powers of arrest. Whether in plain clothes or uniform, peace officers have the legal right to visit and inspect any alcohol licensed premises at any time during business hours without a search warrant. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. Upon notice by a peace officer, a licensee must take reasonable steps to correct objectionable, nuisance conditions on or about the licensed premises and on abutting public sidewalks up to 20 feet from the premises. A licensee must correct the conditions within a reasonable period of time after receiving notice. The conditions include disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud PAGE 5 MAYOR AND TOWN COUNCIL SUBJECT: CODE COMPLIANCE July 24, 2014 noise (Business and Professions Code 24200). However, restaurants, hotels, motels, and wineries are exempt from responsibility for correcting nuisance conditions on abutting public sidewalks (Section 24200[e][f][g]). In addition, any licensed premises that disturbs the neighborhood or is maintained for purposes which are injurious to the public morals, health, convenience or safety may be cited for violation of the Business and Professions Code. These include, but are not limited to, a licensed outlet that (a) disturbs the neighborhood with noise, loud music, loitering, littering, vandalism, urination or defecation by patrons, graffiti, etc. or (b) has many crimes ongoing inside, such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises include their private parking lot(s). Any licensee, or employee of any licensee, who keeps or permits such a disorderly house is guilty of a misdemeanor, and the license is subject to disciplinary action (Sections 25601 and 24200). Finally, Police Officers and ABC investigators can cite licensed premises pursuant to the Los Gatos Town Code Noise Ordinance. It is not yet known if ABC investigators are able to cite under other Town Codes (e.g., C.U.P. violations of hours of operations, seating, or meal service with alcoholic beverages). If selected by the Town Council for inclusion in the work plan, staff would meet with ABC to determine roles and responsibilities and other coordination items. The Town Council may wish to identify selection criteria for this type of enforcement to focus the available resources on the highest priority concerns. 9. Broadened use of coordinated Community Development, Police and Finance related enforcement activities for problematic cases, as piloted this fiscal year for two challenging cases. For cases that are particularly challenging, a multi - disciplinary approach has proven effective. The Council may wish to provide additional guidance on the types of circumstances that might warrant this more intensive use of staff resources, recognizing that the Town has limited capacity to deploy this approach. 10. Establish Code Compliance Performance Standards as follows: a) All complainants contacted within 2 business days; b) Compliance confirmed or achieved within 60 days of complaint for 95% of complaints received (up from 90% in 2013); c) Repeated similar violations of the same type will accrue to the first reported violation. d) Progressive fines and penalties after 60 days, or earlier as warranted (e.g., refusal to comply); and e) C.U.P. revocation hearings scheduled before the Planning Commission per Town Code due to ongoing C.U.P non - compliance; PAGE 6 MAYOR AND TOWN COUNCIL SUBJECT: CODE COMPLIANCE July 24, 2014 Staff is recommending performance measures to monitor the activity, responsiveness, and effectiveness of the Town's Code Compliance services. The items above are suggestions and are subject to Council input and direction. These measures would be included in the semi- annual Code Compliance report to Council and in a proposed Code Compliance Policy and Procedures Manual, discussed further below. 11. Adopt and Implement a Town of Los Gatos Code Compliance Policy and Procedures Manual. Many municipalities have established policies and procedures for code compliance and enforcement. The Town Attorney has provided a first draft of a potential Town Code Compliance Policy and Procedures Manual (Attachment 2) modeled after other jurisdictions' manuals. This document is being reviewed by staff and is provided to Council for initial input. Staff recognizes that several topics should be added to the draft, including an "appeals" process for alleged violators as allowed by the Town Code, appropriate follow up with the complainant regarding the status of the case, and complainant recourse if dissatisfied with the Town's action(s) on a case. After initial input from Council on the draft Policy and the issues discussed in this Report, the Policy will be revised in coordination with appropriate Departments and then come back for final approval by Council. CONCLUSION: The Town Council may wish to provide guidance on each of the items above and/or provide additional direction for effective Code Compliance services. As mentioned, some of these items can be easily implemented, and others may have a fiscal impact on the Town. For example, if Planning Commission hearings or legal procedures are significantly increased, then additional staff resources will be required to complete the necessary documentation. ENVIRONMENTAL ASSESSMENT: The Town Council's discussion and direction on this item is not a project under the California Environmental Quality Act. FISCAL IMPACT: The fiscal implications are discussed throughout the report. Attachments: 1. Letter to Bars and Restaurants dated July 18, 2014 2. Draft Town of Los Gatos Code Compliance Policy and Procedures Manual LRP:cg July 18, 2014 Business Name Address Los Gatos, CA 95053 Dear Business Name: TOWN OF LOS GATOS CNIC CENTER 110 E. MAIN STREET Los GATos, CA 95030 The Town of Los Gatos would like to thank you for being a vital contributor to the success of our community, and invite you to assist us in our efforts to maintain the high quality of services for which we are known. When concerns regarding Town Code and Conditional Use Permit compliance are raised, it has been our Practice to refer such inquiries to the Town's Code Compliance Officers for investigation and resolution. The Town Council will be discussing a more proactive approach to Code Compliance, with possible attention to the number of seats, hours of operation, and signage at individual establishments. This discussion is schedule at the next Town Council meeting, on Tuesday, August 5 at 7pm. Given increased interest in these issues, enclosed are the conditions of approval for your specific business, and the section of the Town Code that specifically addresses signage. These documents are for your reference and records. Over the next few weeks a Town representative may visit your business to observe its operation and discuss any input you might have on this topic. This is not for enforcement purposes, but rather to gather additional information for the upcoming Council discussion. If you have any questions or comments, please feel free to contact me at MRennta.:L(Ls atosC_ .aoN. or 408.399.5790. Best Regards, 1Nonic enn Economic Vitality Coordinator Encl. cc: Town Manager Assistant Town Manager /Director of Community Development Executive Director, Chamber of Commerce ATTACHMENT 1 INCORPORATED AUGUST 10, 1887 4% This Page Intentionally Left Blank TOWN OF LOS GATOS CODE COMPLIANCE POLICY AND P I. PURPOSE, PHILOSOPHY AND GOALS: a. Purpose: It is the intent of the Town of Los Gatos to health, safety, and welfare of its citizens. Part of this res Ludes protecting neighborhoods from conditions that may h e impact on the surrounding area. This is achieved through i d by establishing administrative policies and procedures to gu S. b. Philosophy: The Town's policy is t ach omplian ith Town codes in cases of reported and discovered a vio ns. How not all violations have the same degree of severity. uch, o has lished through this manual priority ranking and pr es. t is low the level of compliance that best fits the t ci es o code violation(s) within clear and object Teri ist a es hed priorities, and maximize available es. a policy code compliance follows the priori et f s ent. c. Goals: i. This policy is vi own resi is with a fair and consistent proce. „° ad s Hance. The ultimate goal of this policy is to brin op ce through informal procedures by way of co °... ica o lion with the property owner or other responsibl,' arty. 1 ade to work with the responsible party to makes th a violation and have the violation corrected short of pros n. rmal procedures, such as oral warnings and violation notices, pt bell whenever possible to correct violations in an expeditious manner.• ii. Generally, the Code Compliance Policy may be enforced on either a complaint basis or as part of a proactive compliance initiative targeting health and safety violations. d. External Education and Communication: Ongoing efforts to educate the Town's residents, special use permit holders, and builders should be made a regular practice, emphasizing new ordinances and Code sections that are unique to Los Gatos. An ongoing awareness of the breadth of the Town's Code provisions should help eliminate confusion and resolve questions concerning the responsibilities of citizens and others for complying with the Town code. Page 1 ATTACHMENT 2 e. Internal Education and Communication: In a coordinated effort to respond to reports of alleged violations, specific Town departments have been assigned to respond to certain complaints. In general, violations of the Zoning Ordinance, Building Code and Town owned - right -of -ways will be directed to the Public Services Department. The Police Department will respto health and safety violations of immediate concern, traffic, and other off es, and the County Fire Marshal will respond to violations of the Fire Code. /Town staff should recognize possible violations and direct the matter to the woper department for possible code compliance action. Code compliance complaints and all follow up actions will be documented in order to ensure thorough and appropriate response to citizen complaints and to monitor repeat violations. f. "Code Compliance Representative" the Town Community Service Off Town Attorney, and any other pets authority to issue a citation for a obi II. STANDARD CODE COMP CE Town residents are encou their and su environment of nei 'borhoods thr ordinances. To assist iri this endeavor established to guide the Town in addres a. st to resolve all when code viol code violations lclude$ the Town Code Compliance Officer .r, any Police Officer, Building Inspectors, t designated by the Town Manager to have violatill n, in err efforts to maintain the physical npl ance with standards set forth in local owing code compliance policy has been Code it is 2 be no a Town's policy to investigate and ed code violations. There may be i the same level of attention, when inat all, or when the Town may be unable to ,carry out t7 -W.roa e code compliance activities outlined in this manual. In such circumstance NVItc, o ous violations, as determined through application! of the priorities an ria tbis section will be addressed before the less serious violations are addressed, regardless of the order in which the complaints are received. However, complaints alleging both priority and non- priority violations may be processed together to maximize efficiency. !i. Pri , , C . t ::,. Vr1ati ons that present an imminent threat to public health and i sa or the environment; 2. Vons affe cting storm drainage, sensitive habitat and/or adjacent areas; 3. Building code violations consisting of non - permitted construction or failure to obtain permits for construction; Page 2 4. Building, Planning, Engineering and Environmental Health permit violations including failure to obtain required permits or failure to meet conditions and requirements of permits; 5. Land Use and Zoning violations; and 6. Multiple complaints received on the same ii. Non - Priority Cases. Complaints alleging c that do not fall within the priority rankings above will be. the order in which the complaints are received, and as res I. Exception. At the discretion p e staff, complaints may be processed in an y that imizes efficiency. Complaints concernin a p ar type de violation (e.g., occurring in a p Jar aphic are ay be processed together, regardle the whi a complaints are received. iii. Compliance Levels. I 1. Obtaining volun li 2. Written Citation to Section 3. Prosecution of in an demeano Municipal Court. 4. Physical abatem loyees or ts. s`5. Stop work order li ). f 6. Permit revocati ap ble) and withholding additional permits. 4,J iv. - ,nteria for tsEWWnsmrEwWrrn gIrS.Lhoosing Level of Com Rance. Code violation Imes 'no'' Irsted as priority may be moved to priority status if they have o r more of the following aggravating circumstances: L The actions le to the violation(s) were deliberate; 2. The violatic uses economic harm to individuals or the Town as a whole: 3. The alleged code violator is receiving significant economic benefit from the continuing code violation; 4. The physical size or extent of the violation is significant; 5. The violation has existed uncorrected for a significant period; 6. There is a previous history of complaints and code compliance on the subject property and/or with the alleged code violator; Page 3 7. There is community interest in the violation expressed by the receipt of multiple complaints from separate individuals or by a complaint by a citizens group; 8. The relative benefit of code compliance out ei 's its cost (e.g. correction should be quick and inexpensive „ . "accomplish); 9. After reasonable efforts have been mace; there is little likelihood of obtaining voluntary complian (' ;,macted twice with no response or citizen refuses to ackn Town authority); and 10. Is flagrant and visible to the pu III. APPLICABILITY: a. General Applicability: This man appli all code pliance carried out by Town employees an d agents. pt as o, erwise pro d, the policies and procedures in this manual apply t lege code.olatio F b. New Policies and Procedures Avnlicable I on Effective Date of Manual: On and after the effective Pte of thi ual d within availgble Code Compliance resources, the To I unde num of procedur for proactive code compliance. They procedures i. All com tac thin 2 iness days; ii. Timely ari re f w�up by, Town staff r compliance with ndition5 and r em f r permits and approvals; i eportingb T sta o tin s observed while conducting Town bus i! Complian ed 60 days of complaint for 95% of compl , ts' ed o /o in 2013); V. Repeated ! simil of ns o the same type will accrue to the first reported �olati 41: Progressive fine alties after 60 days, or earlier as warranted (e.g., refysal to compI , and vii. Stop Wor , Qrder for work on property without permits or approvals; Viii. O.P. re tion hearings scheduled before the Planning Commission per Town Co due to ongoing C.U.P non - compliance; i�. Revocation of permits and approvals for failure to comply with requirements or conditions; Page 4 I C. x. Restriction on issuance of permits on property with uncorrected code violations; and xi. Cooperation with other agencies to terminate authorized by law, to non - permitted uses on prope subdivisions and planned communities are subject conditions and restrictions (hereafter "CC &R's" regulate height, size or appearance of stru recreational vehicles. The conditions and generally enforceable through private legal private CC &R's; however, Town regulation Code Compliance will be initiated by a. or more code to the extent ons: Many ded covenants, le, CC &R's may ethod of storing I in CC &R's are does not enforce Town alleging one I. Com Taint F en a Taint on a complaint form. The form is th all on the T IFrm website. Citizens may h pi tal o io et to the provided by the To 2. Anon us laints will be accepted, but may or may not be _ gated f the Town Manager or designee deuendinu on the followin an imminent threat to public health and `'c. TR eW- or °difficulty with which the complaint may be verified by Town staff. 3. Confidentiality. The Town's policy is to maintain the confidentiality of Code compliance complaint files and computer records, including the identity of e complainant, to the extent legally possible. In addition, the Town [ ecognizes some complainants do not wish to have their names disclosed to e alleged code violator for fear of retaliation. However, in some cases it may be necessary for successful prosecution and compliance for the complainant to be identified and to testify in court. Additionally, the Town's Page 5 1�l Code Compliance files are subject to state statutes governing public records and disclosure. b. Observations by Code Compliance Staff. Code Compliance staff shall document, in the Code Compliance records, any pot al code violations observed on property that is subject of their current mve gation. They may also document code violations observed on any property ' `;the same vicinity as the subject property, which violations are observable f e subject property. Such violations then shall be prioritized for investigati p`according to this manual. C. Permit/Approval/Conditions Monitorine o lia ce Staff: The Town issues land use, environmental, engineerin ]ding jpermits with a variety of requirements, the site by a certain or build g permits expire if construction progress and inspecti e n ade within ' ain periods. Code violations occur when these pe appr o con s are not met in a timely manner. Planning and Code Compliance shall nitor cond s of approval and similar permit requir " `, for is an 'approvals for which the decision is issued, as time and urces all d. Report by Town 'Staff- Iii in s, Town staff may be in a unique position to observe potent a] code violati -ns. ;For ex$mple, the Building Inspector may be the only son �ble to obsery new construction for which there is no permit. The To 's policy is thi�t all Town staff may report to the Code Compliance staff pos 'file code violations` they observe while conducting Town business. Reports bywn staff under tktis subsection shall b made on a complaint form and shall be cessed by priority rankink,,, e. Re rt b Town Cot er lsf the Town Council may report a pot tial code violatio` m que at Code Compliance staff investigate a citi . report of a poten 1 atio 1 The Council member shall complete a co ` laint form, submit a wri memorandum concerning the alleged violation to attached to a corn lai torm, or report the violation at a regular Town 2ECOR I G C MI ®r NT OPENING FILES AND TIMELINES a. Recording ComI lalnts: To the extent possible, all complaints received shall be recdrded in the 16wn Code Compliance records. Recording the complaint shall con ist of assigning the complaint a case number and entering into the record the foll `wine information: Case Number; Complainant's name and telephone number; Page 6 VI. iii. The subject property address; and iv. Type of complaint. b. Onenine a File: After a complaint is assigned a numb4anded, a file shall be opened. The file is the official record of complainestigation and resolution. The file shall contain the following: i. The complaint form; ii. A map; iii. An investigation worksheet; iv. Assessor's information on the subjec y; v. The name of the staff m or represe a assigned to the case; and vi. Photographs or other exhi t su comp s. c. Protected Timeline When a fi en fore vestigation begins, Code Compliance stshall est p tmeli r investigating the complaint. This timeline is bas sid of the f ing criteria: i. The type of alleged vio d aled time ring property into compliance; ii. Priority rankin1,0 'e iii: Ctiurent complas iv. Current world ivisions that may assist in, or be a. EstabUshirig`the' n ofa ViolaKon: Before a notice of violation is sent, it must be determined iv r the complaint, if valid, established a code violation. If it does not, the case will be closed. Code Compliance staff, `with the assistance of the other Town staff and /or legal counsel, and after any necessary field investigation, shall determine if the following elements have been established: i. Jurisdiction. The property upon which the alleged code violation has occurred must be land over which the Town has jurisdiction. ii. Zoning. Zoning of the subject property shall be determined. 3 Page 7 b. iii. Permit Status. The status of any land use, environmental health, engineering and/or construction permits on the subject property shall be determined. 1 iv. Property Ownership. All persons with a recordeVegal interest in the subject property should be identified from the As is records and they may include the owners, contract purchasers, 1 ees, an6 lien holders or other security interest holders. v. Other Responsible Persons. In addition to the persons listed in section "W', any other persons potentially/responsible for the alleged code violation(s) shall be identified. Thege; ns could ,include tenants, land developers, and contractors. a, vi. Identification of A licab ode visions. C Compliance staff, with the assistance of of � own staff and legal sel as necessary, shall identify the pertine isioiis of the Tow des that may have been violated according t mplWnt. :i vii. code violas that occur way); or is residential u are reasonabl maybe cl viii. Prior Comp i records to determine WE A Jdine aint may allege a g., conn without permit); hoops in public right -of- ted co al activity in a T shall whether there alleged violation did occur or is I in a reasonable period, the case liance staff shall examine past status of any prior or existing code property or concerning the alleged Ass MTV- I sti 6r ;Md Compliance Responsibility: Responsibility for field inbestigiition ' d cod compliance will be assigned to Town staff with the " pertise in that pa field. For example, alleged violations of building cod are best i ivestiga ed and resolved by the Town's Building Inspector with thei !special lice and experience. However, all code compliance activity will be =rdinatcd th Code Compliance staff, and all notices of violations, vol##ntary oompl ance agreements, and citations will be coordinated by Code Compliance staff. ThPi following criteria shall be used for assignment of responsibility: ri. The nature of the code violation(s) alleged in the complaint; Page 8 ii. The knowledge and expertise needed to investigate the alleged violations; iii. The history of prior code compliance on the subject property or with the alleged violator; and iv. The type and status of permits and approvals on the ubject'property. c. Field Investigation: The purpose of field investigation'is to: i. Verify the existence and severity of a code violation. ii. Document code violations by means of written notes, photographs, witness interview, etc. If a violation is visible, any investigation that establishes such violation, or confirms there is no violation, shall include pictures. The report shall include an measurements made and where they were made. iii. Obtain supporting evidence, such name and statements of potential witnesses. F iv. If possible, contact and discuss with the property o er, occupant or other responsible pgfson: j i 1. Th6"nature of the viol�tion(s) 2. Methods for complying; 3. Timelines for compliance; 4. Compliance procedures; and 5. Potential ,consequences for failure to comply. d. Pr `(arations and Precautions: Staff shall"'e whatever actions are reasonable andrnecessary to ;minimize anyf potential risk of violent confrontation or injury to themselves' or others when con Sucting }their field investigation: i. Law Compliance Assistance. 'UVhen appropriate, Code Compliance staff or gther assigned staftlwill contact the Police Department to determine if there have been criminal complaints or investigations concerning the subject property',of alleged code violator, and whether, in the opinion of the Police Department, a field investigation might present any threat to the safety of taff, the alleged code violator, or other persons present during a field investigation. Staff may request law compliance assistance in conducting the field investigation and may postpone such investigation until law compliance assistance is available. ii. Announced/Unannounced Field Visits. At the discretion of Code Compliance staff or other assigned staff, a field visit to the vicinity of the subject property may be conducted with or without prior notice to the Page 9 VII. iii. property owner, occupant, or alleged code violator. The determination of whether or not to give prior notice shall be made on the basis of the following criteria: I. The nature of the alleged violation; 2. Whether or not prior notice will make detection and documentation of the alleged violation more difficult; a#d 3. Whether or not prior notice will unn6edissarily increase the risk of violent confrontation or injury to staff. Entering Upon Property or Premiseg. Code Compliance staff and other I. assigned staff shall not enter upon private property or premises to conduct a field investigation without aothority to enter. Code Compliance staff ma enter on posted grope to seek permission to investigate on the premises. unless permisl ion is granted, the investigation shall be co ucted fr' in public roads or property where permission to enter has ben granted. If Code Compliance staff or other assigned staff /does not va permission or other authority to enter upon the property or premi es, � and e�try is necessary to conduct the investigation, staff shall �nsult with the Town Attorney about obtaining an administrative search arrant. iv. Rqport of Field Investi ition. ` Upon i completion of the field investigation, Code C4pliance staff r other assigned staff will enter the information into the Code Compliance records. The report shall include the following information: N �tne of Investigator; Date, time and place of Meld visit; Cdde vi?lation�s) obser�ed; If Ino code violation(s) is observed, an explanation of conditions 5. Witnesse's,, if a�y, interviewed; 6. ENidence obtained, if any, (photographs, measurements, etc.); 17. Documented discussions, if any, with owners, occupants or other responsible persons; 8. A< tion necessary to correct violation; 9. Recommended compliance action and timeline; and 10. Referrals, if any, to other agencies such as social services, state agencies, etc. Page 10 a. Notice of Violation for all Levels of Compliance: i. When Sent. When Code Compliance staff or determines there are reasonable grounds to believe a occur, based upon the information in the co investigation, notice shall be sent by the appr notice may be provided by means of perso and/or an informal "door hanger" left on ii. To Whom Sent. Written notice shall be legally responsible for the alleg sent to the subject property owner(Vs6fit iii. How Sent. Written notices ,11 be by certifi in the correlating ordinan the best available ; owner(s) and other respon persop(s). , iv. Follow -W. The date in the compliance rds determines ed V. taken: (i initiated. assigned staff on did or does ind any field f. The initial th the violator who is or may notice shall be , or as indicated for the property U f rrective action shall be entered in the deadline, if Code Compliance staff ns ve not been made and a Voluntary ee summed, the following actions may be led ation and/ ) abatement action t staff determines that required at d method of compliance shall be In tive action may consist of both ,a ermits or approvals. In such cases, v lic alone will not be sufficient to assure ed olator must follow through with the n the necessary permit or approval. liance requires both applying for and receiving a pro de compliance shall continue until all necessary )pr s are granted or until they are denied and code obtained through other means. e the required corrective action consists of both applying for anT obtaining permits or approvals, Code Compliance staff, in consultation with other appropriate staff, shall determine a reasonable time frame for applying for or obtaining the necessary permits or approvals. Page 11 01 2. If at any time during the process for obtaining necessary permits or approvals the alleged violator fails to meet the reasonable timelines established under this section, and such failure does not result from the actions of others, Code Compliance staf shall arrange for a citation to be issued. 3. If the alleged code violator is not grantddthe necessary permits or approvals, Code Compliance staff s arrange for a citation to be issued. 4. If the code violator has appli cannot continue to actively violate the code whi g iss of the permits, or be allowed to operate outsi ditions hat a permit may typically approve. voluntary code compliance by correct the violation with little All less expensive for Xallafties a involuntary complVio establishes a tim ine for Q t rr allowing code vi lators pl time limits may aictually t i policy x4 limit recovery will not be Voluntary pliance without penalty or cost flowed whe a the alleged violation is a repeat ject property,or by the code violator, or where the not c , ted following prior code compliance Ii. Time Extended by Volary Compliance Agreement. Following issuance of a notice of violation, the deadline set by ordinance may be extended for t F:. lined duration if the alleged violator admits the violation(s) and enters into a "Vbluntarjompliance Agreement". The extended deadline shall be dete led on a case -by -case basis contingent upon Code Compliance Work1bad budget, effort already made by a violator to correct the violation, verity and extent of violation, whether the violation is a repeat offense, etc. The agreement shall provide that, in exchange for the f extended time for voluntary compliance, the alleged violator agrees to abate the violation(s) by a specific time, and to waive hearing and consent to .judgment against him/her if voluntary compliance is not obtained Page 12 It?is t Tow olicy to encourage g r r gI pers the opportunity to ialt oh tary liance generally is f`iMatis no tory lasting nature than all �nter into a en agreement that violation. Notw anding this policy, to°luntarily co outside reasonable g c4m ' iance. Th ore it is the Town's w code vio ators may come into Voluntary pliance without penalty or cost flowed whe a the alleged violation is a repeat ject property,or by the code violator, or where the not c , ted following prior code compliance Ii. Time Extended by Volary Compliance Agreement. Following issuance of a notice of violation, the deadline set by ordinance may be extended for t F:. lined duration if the alleged violator admits the violation(s) and enters into a "Vbluntarjompliance Agreement". The extended deadline shall be dete led on a case -by -case basis contingent upon Code Compliance Work1bad budget, effort already made by a violator to correct the violation, verity and extent of violation, whether the violation is a repeat offense, etc. The agreement shall provide that, in exchange for the f extended time for voluntary compliance, the alleged violator agrees to abate the violation(s) by a specific time, and to waive hearing and consent to .judgment against him/her if voluntary compliance is not obtained Page 12 during the extended time allowed by the Town and a citation is issued. Minor violations that do not meet the priority criteria and can be corrected within a ten day period may be granted an extension if a itten request is submitted by the violator stating the specific date violation will be F corrected. c. Citation and Complaint: i. Voluntary Compliance. Where voluntary.compliance cannot be obtained within the timelines established by ordinance and/or in a Voluntary Compliance Agreement, a citation may be issued. ii. Field Investigation Required. No citation shall be prepared unless and until a field investigation has verified the existence of a code violation. iii. Forms. All citations shall be on a Uniform Citation and Complaint and shall contain the information required under MBMC 1.03. VIII. FILE MAINTENANCE Code Compliance files, including b 'iding and public works records, are the official records of the Town. As such the re shall be maintained pursuant to the rules of the Public Records Act. IX. SAVING CLAUSE ineffective by a Court of competent ull force and effect. 0 N:\DEV\TC Page 13 !0522.docx This Page Intentionally Left Blank